Research on Chapter 9 Institutions: briefing by Research Institutes
Review of State Institutions Supporting Constitutional Democracy
25 October 2006
Meeting Summary
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Meeting report
AD HOC
COMMITTEE ON REVIEW OF STATE INSTITUTIONS SUPPORTING CONSTITUTIONAL DEMOCRACY
AND PUBLIC SERVICE COMMISSION
25 October 2006
RESEARCH ON CHAPTER 9 INSTITUTIONS: BRIEFING BY RESEARCH INSTITUTES
Chairperson: Prof A Asmal (ANC)
Relevant documents:
HSRC
presentation on Evaluation of Chapter Nine Institutions
Corder Report
Final Report by Ad Hoc Committee on
Oversight and Accountability
SUMMARY
Three organisations, Human Sciences Research Council, the Institute for
Democracy in South Africa and the University of Cape Town briefed the Committee
on their investigations into the performance of Chapter Nine Institutions. HSRC
and IDASA gave brief presentations on where their work would focus and when
they intended to deliver final reports. UCT was already into its investigation
and reported back on a few of its findings so far.
MINUTES
Human Sciences Research Council presentation
Dr Mcebisi Ndletyana, Senior Research Specialist, explained that the HSRC would
focus on the Office of the Public Protector, the Human Rights Commission and
the Commission for Gender Equality. They were looking at the relationship
between civil society and Chapter Nine institutions, working from a premise
that widespread engagement with civil society was necessary. He said that they
hoped to have their final draft out by mid-December (see document).
Discussion
Ms C Johnson asked if the HSRC would touch on operational issues, such as
the human resources department and the budget of these Chapter Nine
institutions or just deal with client relationships.
Dr Ndletyana replied that in general they would not focus on operational
issues. However, if it did have some significant impact, then of course they
would.
Chairperson Asmal noted the HSRC premise that Chapter Nine institutions needed
to engage with civil society and asked what was the legal or constitutional
basis for this premise. Ms M Smuts seconded the question and also asked if the
mandate necessitated that relationship. This was the central question. Was it
necessary for Chapter Nine Institutions to take questions from the public?
The Chair spoke about the need to include looking at the legislative obligation
to engage with civil society. Would the engagement with the public include not
only organised civil society, but also the public in general?
Dr Ndletyana replied that the HSRC believed that it was only logical that there
should be a need for civil society to join in. He said that they would be able
to contribute more and may create increased accountability. Different aspects
of public engagement meant both the public in general and organised civil
society.
Ms S Rajbally asked where the Chapter Nine Institutions were based and were
they close to the community. The Chair replied that this question would be
answered in the Committee’s closed session.
IDASA presentation
Ms Shameela Seedat, a Senior Researcher, noted that IDASA was at a very
preliminary stage of their work so far. Their intended focus topics would
include the interaction between the Chapter Nine Institutions and Parliament
and the interaction between the Institutions and the Executive branch of the
South African government. They hoped that their research would strengthen the
complementary oversight role of Parliament and Chapter Nine Institutions. IDASA
also noted that the Chapter Nine Institutions were not operating at their optimal
level. IDASA hoped to produce a report by the end of January 2007.
Discussion
Ms Smuts said that it appeared that IDASA "had got it spot on".
She asked what Commissions would they be examining specifically.
Ms Seedat replied that they intended to research the ones that had been most
problematic, which might include all or most of the Chapter Nine Institutions.
UCT Law Faculty presentation
Ms Yoni Hoffman-Wanderer, a researcher, said that they were working on
identifying the challenges that the Chapter Nine Institutions face. Their work
would focus on budgetary matters and annual reports and investigate the
relationship between Parliament and the Chapter Nine Institutions. They would
thus include an overview of the work of the Chapter Nine Institutions and
identify where they are going wrong. UCT outlined three important areas in
their work: transformation, accountability and challenges. Ms Hoffman-Wanderer
gave examples of their work so far which included government
language/communication policy and ICASA’s closing of a transmitter which
effectively limited the freedom of the media.
Ms Hoffman-Wanderer said that several Chapter Nine Institutions had reported to
government departments and other institutions about problems that they had
identified but there was no follow-through and nothing happened to their
reports and recommendations. There was thus an obvious problem with their
reporting and feedback mechanism. She said that it also appeared that the
institutions in question lack authority and expertise. Their mandates appeared
to be well created but perhaps not understood properly. They should also
operate completely independently. Their accessibility should be improved
considering that South Africa is a large country and has many rural areas. They
had examined from where the institutions got their funding and it had shown
that heavy reliance on donor funding affected the availability of their
services and also narrowed their agenda.
Parliamentary Research Unit presentation
Dr Leon Gabriel, Head of the Parliamentary Research Unit, briefed the Committee
and the groups present on Parliament's work on this subject. He mentioned the
Corder Report, the 2002 Final Report of the Joint Rules Committee's Ad Hoc
Joint Sub-Committee on Oversight and Accountability and the work of the Task
Team on Oversight that had been created to carry out the recommendations of
that report. They would need to check on the research work commissioned by the
Task Team on Oversight.
Dr Gabriel encouraged the research organisations present that it would be in
order to go beyond the eight Chapter Nine Institutions, as Parliament was
doing, and look at statutory bodies doing similar work to the Chapter Nine
Institutions.
The meeting was adjourned.
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